Patent Attorney and Founder
Can two people apply for the same patent?
Good question. And the answer depends on what you really mean.
First take: If two people worked together on the same invention, they’re co-inventors. In that case, the simplest and cleanest option is to file one patent application with both names on it. Use the same attorney. Stay on the same page.
In many cases, if you’re starting a business around the invention, it makes sense to assign the patent rights to a company you both own. That way, the business, not you personally, holds the rights. It helps avoid fights down the road if things change.
Second take: But if you’re asking whether two people can invent the same thing on their own without knowing each other, and both try to patent it?
Yep. That can happen too.
In that case, only one person gets the patent: whoever files first. That’s why filing early matters so much. Once you’ve got a real invention, not just an idea, you should be thinking about filing.
When I work with inventors, I always ask:
- Have you gone past the idea stage?
- Can you explain the invention in enough detail so that someone in your field can make it?
If yes, then it’s time to file.
Before we do that, though, we usually run a patent search. It’s a quick check to make sure your invention hasn’t already been patented. This is especially important if you’re working outside your usual field.
Once that’s done, we file. Fast.
Matt’s take: From the trademark side, it’s a little different.
Yes, two people can co-own a trademark. But… I don’t recommend it. I’ve seen it get messy.
Right now, I’m helping a company that co-owns a trademark with someone else. Nobody knows how it ended up that way. The original lawyer’s gone. The other party’s lawyer is clueless. Now everyone’s pointing fingers, and we’re stuck sorting it out.
So yeah, it’s possible to co-own a trademark. But if you can avoid it, you should.